Accrued Benefits

The VA defines accrued benefits (38 USC 5121 & 38 CFR 3.1000) as a claim for any money the VA owes the veteran, but did not pay prior to their death. Generally, if a veteran has a VA disability compensation claim pending at the time of their death, the veteran’s dependent spouse or children are entitled to any accrued benefits from that claim.

Even though a veteran’s claim dies with the veteran, the surviving spouse and/or eligible child may be able to take up the deceased veteran’s claim in their own right under certain circumstances. In other words, dependents can claim past VA benefits on behalf of a deceased veteran.

Claiming Accrued Benefits

There are three basic requirements in order to establish a claim for accrued benefits:

A claim must be filed within 1 year after the veteran’s death, and

The veteran must have a “pending claim,” and

Based on the evidence in the record when the veteran died, the veteran was entitled to monthly VA disability compensation for a service-connected illness, condition, or disease

Veterans’ surviving dependents are routinely denied accrued benefits claims. This is partly because this area of VA benefits can be complex and confusing. Fortunately, our VA lawyers will be able to walk you through the process of obtaining accrued benefits.

We understand that this is a stressful time in your life. While it’s never easy to lose a loved one, our veterans attorneys will be able to walk you through the steps of receiving accrued benefits from the VA. Our VA lawyers have experience helping spouses, children, and dependent parents receive the accrued benefits they deserve.

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About Us

VA Disability Group is a law firm for military veterans and focuses exclusively on veterans’ benefit rights – fighting to ensure veterans and their dependents get the benefits they deserve from the Department of Veteran Affairs. We offer free case evaluations. Learn more about our experienced Kalamazoo VA disability attorneys.